Perpetual Biotechnologies – Website Terms of Use & Privacy Policy

Thank you for visiting the website (the “Site”) of Perpetual Biotechnologies Ltd. (“PB“). PB is happy to make available to you the content on its Site for informational purposes. Please carefully read these terms of use (the “Terms”). By using this Site, you agree to the Terms and PB’s privacy policy, which may be updated by PB from time to time, a current version of which is available on the Site (the “Privacy Policy”). If you do not agree to the Terms, you should exit our Site and not use or review any of the information that is posted on this Site.

Intellectual Property Rights. PB owns all intellectual property, whether registered or not registered, including without limitation trademarks, patents or copyrighted materials, in this Site and its content (including without limitation any documents posted on the Site) including its overall appearance, graphics design and underlying source files. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into, frame or use for any public or commercial purpose the contents of this Site without the prior written permission of PB. No copyright notices, other intellectual property or legal notices or other identifying information may be removed from downloaded materials. Nothing contained in this Site should be construed as granting any license or right to use any of PB’s intellectual property rights.

Forbidden Uses. You shall not, and shall not permit any third party to: (a) reverse engineer or attempt to find the underlying code of the Site; (b) use the Site in violation of any applicable law or regulation; (c) copy, modify, or create derivative works of the Site or any its content; (d) attempt to disable or circumvent any security or access control mechanism of the Site; (e) design or assist in designing cheats, exploits, automation software, bots, hacks, modes or any other unauthorized third-party software to modify or interfere with the Site; (f) use the Site for any purpose that is in violation of any applicable law or regulation; and (g) attempt to gain unauthorized access to the Site or any other device, computer system, phone systems, or networks connected to the Site.

Links. The Site may contain links to third party websites or services. PB Links to websites provided on the Site are provided for ease of reference only. PB has no control over the content or information posted on such third party websites and PB does not assume any responsibility or liability in respect to such websites. All third parties may have policies about the use of your data and information that are different than PB’s. You should refer to these third parties’ respective privacy notices and terms of use.

No Medical Advice. All content is provided for informational purposes only. No content is or should be considered, or used as a substitute for, medical advice, care, diagnosis or treatment. The Site does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. Products mentioned on this website are not intended to diagnose, treat, cure or prevent any disease. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding personal health, medical conditions or drugs or medications and before commencing or discontinuing any course of treatment, drug or medication. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of any information you have received or obtained through the use of the Site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are experiencing a medical emergency, please immediately call for emergency medical help.

Limitation of Liability; Disclaimers. PB has made and will continue to make efforts to include accurate and up-to-date information on this Site. However, PB cannot guarantee that the information posted on this Site is accurate, complete or suitable for any purpose. In addition, PB cannot guarantee that the content posted on this Site has not been affected by technical malfunctions or unauthorized tampering. PB may alter or remove materials from this Site at any time.

PB may make informational materials regarding computer security available on the Site. USE OF THESE MATERIALS IS AT YOUR OWN RISK. PB cannot and does not accept any responsibility or liability for the implementation of any security protocols or procedures. If PB accepts any responsibility and liability in respect to its proprietary software, applicable provisions shall be set forth in a separate written agreement between PB and the applicable licensee.

TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, PB MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS SITE OR ANY INFORMATION OBTAINED THROUGH THIS SITE. IN NO EVENT WILL PB, ITS AFFILIATES, EMPLOYEES OR OFFICERS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND WHATSOEVER RESULTING TO YOU OR TO ANY THIRD PARTY DIRECTLY OR INDIRECTLY FROM ANY USE OF THIS SITE OR DEFECT IN THIS SITE OR ANY INFORMATION CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES.

BY USING THIS SITE, YOU EXPRESSLY ASSUME ALL RISK THAT THE INFORMATION AND MATERIALS ON THIS SITE MAY BE INCOMPLETE, INACCURATE, OUT-OF-DATE, OR MAY NOT MEET YOUR NEEDS OR REQUIREMENTS.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You are responsible for checking your local laws for any restrictions or limitations regarding the exclusion of liability.

Indemnification. You will defend, indemnify and hold PB harmless from and against any and all suits, proceedings, assertions, damages, costs, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) which PB may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to any breach of these Terms by you or any use by you of the Site.

Use of Information that You Submit to the Site. 

In this section, “Personal Information” means information that can be directly associated with or used to identify a specific person or entity such as a name, address, business address, telephone number, e-mail address, IP address, languages spoken or information about activities directly linked to a person, such as that person’s location.

The following explains PB’s policy regarding the collection, use, disclosure and protection of any information we receive:
Information We Collect. We will collect and store certain information of end users that make use of the Site, including, but not limited to, any feedback or contact information you provide. We also collect Personal Information when you make use of the Site. You are not required by law to provide us with any such information, but by using the Site and agreeing to the Terms you agree to provide us with such information. We may also save any other information you may provide. In addition, when you use the Site, certain information may be automatically gathered about your computer, browser, internet service provider, operating system, geo-location, IP address or mobile device, pages you visited or in respect of any other of your activities using the Site.

How We Protect Information. We make efforts to follow generally accepted industry standards to protect Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. We will delete any Personal Information provided to us by a user upon the receipt of a written request by such user. We cannot restore information that we have deleted.

How We Use Information. Except as expressly set forth herein, we will not share your Personal Information with third parties without your explicit permission, except when required by law, regulation, subpoena or court order or in cooperation with law enforcement authorities. We may use Personal Information and/or any other information we collect about you to help diagnose problems with our servers and/or other parts of the Site, to make the Site more useful, to customize the Site and personalize content for you, to improve our marketing and promotional efforts, analyze site usage and improve our content. We may also use any information to resolve disputes and to enforce the Terms. If you were referred to the Site from another site (for example, through a link you clicked on another site that directed you to this one), we may share some information about you with that referring website. We encourage you to review the privacy policies of any website that referred you to us. In addition, by analyzing all information we receive, including any Personal Information and any other information concerning users and their feedback, we may compile statistical information across a variety of users (“Statistical Information”). Statistical Information helps us understand trends and customer needs. Statistical Information is anonymous. We may share such anonymous Statistical Information with our partners, advertisers, etc., without restriction, on commercial terms that we can determine in our sole discretion. We also may use a tool called “Google Analytics” to collect information about the use of the Site and/or Services. Google Analytics collects information such as how often users visit this Site, what pages they visit when they do so, and what other sites they used prior to coming to this Site. Google Analytics collects only the IP address assigned to you on the date you visit this Site, rather than your name or other identifying information. In the case that we use Google Analytics, we will not combine the information collected through the use of Google Analytics with personally identifiable information. We use the information we get from Google Analytics only to improve our Site and Services. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use located at http://www.google.com/analytics/terms/us.html and the Google Privacy Policy located at http://www.google.com/policies/privacy/. Please see the Google Analytics Terms of Use and the Google Privacy Policy for additional information.

Feedback. In respect to feedback, you hereby grant PB, in respect to any feedback concerning any material on the Site a royalty-free, perpetual, irrevocable, exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display such feedback, which shall not be subject to any confidentiality restrictions. When you provide feedback regarding the Site please remember that any information disclosed in this venue may be automatically made public, and such information will not be considered Personal Information by PB. You should exercise caution when disclosing any information (including Personal Information) in such a venue, as you do not know who will access or use such information and for what purposes.

Cookies, and other Tracking Technologies. PB uses cookies and other similar technologies on the Site. We may also allow our business partners to use their cookies and other tracking technologies on the Site. As a result, when you access or use the Platform, you will provide or make available certain information to us and to our business partners. A cookie is a small piece of text that is sent to a visitor’s browser for record-keeping purposes. The browser provides this piece of text to the device of the originating visitor when this visitor returns. PB uses cookies to help personalize your user experience. There are two types of commonly used cookies, namely “persistent cookies” and “session cookies“, with the only former currently used on the Site. However, PB may use session cookies in the future. Session cookies will normally expire when you close your browser, while persistent cookies will remain on your device after you close your browser, and can be used again the next time you access the Site. A persistent cookie may be used to help save your settings and customizations. Most Web browsers are initially configured to accept cookies, but you can change this setting so your browser either refuses all cookies or informs you when a cookie is being sent. Also, you are free to delete any existing cookies at any time. Please note that some features of the Site may not function properly when cookies are disabled or removed.

PB uses, and may use in the future, cookies for a number of purposes, such as the following: (a) to enable, facilitate and streamline the functioning of the Site across different webpages and browser sessions; (b) to simplify your access to and use of the Site and make it more seamless; (c) to monitor and analyze the performance, operation and effectiveness of the Site, so that we can improve and optimize it; or (d) to show you content (which may include advertisements) that is more relevant to you.

Online Links to Other Sites. PB may provide links to third party Internet websites or applications. Any personal information you provide to third parties is provided directly to such third-party and is subject to that third party’s privacy policies. PB is not responsible for the content or privacy practices of such third parties. Links from our site to third parties or other sites are provided for your convenience only. We encourage you to learn about the privacy practices of each third party before providing them with information (including any Personal Information). We cannot be held responsible for the use of any of your information by third parties.

Use of the Site by Minors. PB does not knowingly collect personally identifiable information from persons under the age of 18. If you are under the age of 18, you must receive the permission of your parent or legal guardian.

Other Uses or Transfer of Your Information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, behavior or digital content of any user suspected to have engaged in illegal or infringing behavior. We may use subcontractors that are located in countries other than your own, and send them information we receive. All our subcontractors will be subject to non-disclosure and non-use obligations. Nevertheless, some countries may have levels of protection of personal and other information which are not as high as in your country of residence or business. We may transfer our databases containing your Personal Information if we sell our business or part of it.

Revision and Update of Terms. PB may revise the Terms at any time without notice by updating this Site. All updates to the Terms will be posted on this page. You are bound by any revisions or updates. You should periodically visit these Terms to review the current terms that apply to your use of our Site.

Governing Laws. The Terms are governed and interpreted pursuant to the laws of the Republic of Cyprus and European Union, notwithstanding any principles of conflicts of law. All disputes in respect of the Site and any content available through the Site shall be subject to the exclusive jurisdiction of the competent courts in the Republic of Cyprus. If you access this site from another jurisdiction, you are responsible for ensuring compliance with any local laws relating to access and use of this Site. Notwithstanding the foregoing, either party may seek an injunction or other equitable relief in order to prevent a breach or threatened breach of this Agreement.

Miscellaneous. Any cause of action against PB must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and PB or enables you to act on behalf of PB. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between PB and you pertaining to the subject matter hereof.

You may not assign any rights hereunder without PB’s prior written consent. Nothing contained in these Terms shall be construed to limit the actions or remedies available to PB with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and PB reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

How to Contact PB. If you have any questions or concerns about the Terms for this Site or its implementation you may contact PB at through the functionality made available through the Site.

Last update: 10 December 2017